Don Bauder 2:30 p.m., Aug. 1
Ninth Circuit Refuses to Reconsider Soledad Cross Ruling
The U.S Ninth district federal appeals court today rejected a request by the city of San Diego and the federal government to reconsider its ruling that the Mt. Soledad Cross is unconstitutional.
According to Courthouse News Service, Judge Carlos Bea issued a 20-page dissent, arguing that the 43-foot cross was similar to the Ten Commandments display at the Texas state capitol, which the Supreme Court held to be constitutional in 2005.
"For the same reason that the Ten Commandments stand today in that park in Austin, Texas, the cross should continue to stand on Mt. Soledad: a religious symbol is not always used to promote religion," Bea wrote.
"Situated between Camp Pendleton and Naval Base San Diego, Mt. Soledad is a memorial to the sacrifice made by many soldiers who have protected this country over the years, regardless of their religion," the judge continued.
"And it is a promise to those current soldiers, a promise that we appreciate the sacrifice they are willing to make for our freedom and that, if they pay the ultimate price, we will remember them. The cross has stood at the entrance to this memorial for almost 100 years. It has taken on the symbolism of marking the entrance to a war memorial. We should leave it be."
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